Philadelphia Gear Corp. v. Workmen's Compensation Appeal Board

542 A.2d 646, 117 Pa. Commw. 63, 1988 Pa. Commw. LEXIS 512
CourtCommonwealth Court of Pennsylvania
DecidedJune 10, 1988
DocketAppeal No. 1372 C.D. 1987
StatusPublished
Cited by1 cases

This text of 542 A.2d 646 (Philadelphia Gear Corp. v. Workmen's Compensation Appeal Board) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Philadelphia Gear Corp. v. Workmen's Compensation Appeal Board, 542 A.2d 646, 117 Pa. Commw. 63, 1988 Pa. Commw. LEXIS 512 (Pa. Ct. App. 1988).

Opinion

Opinion by

Senior Judge Barbieri,

Before the Court is the appeal of Philadelphia Gear Corporation, Employer, seeking review of an order of [64]*64the Workmen's Compensation Appeal Board (Board) which affirmed a referees award of benefits to Florence Ella Tell, widow of Edward W. Tell, deceased, Employee. We affirm.

Decedent, Edward W. Tell, was 49 years of age on October 2, 1981, when he suffered a fatal heart attack while at work on the premises of Employer. His employment as a magnaflux inspector covered the period from June of 1979 when a pre-employment physical examination by Employer revealed that he was suffering from hypertension. The referee made the following significant findings:

10. Claimant, Florence E. Tell, testified that prior to the fatal heart attack of decedent on October 2, 1981, decedent worked overtime on a continual basis, every day — five days a week.
11. Decedents overtime was confirmed by his supervisor, Ray Nall, who testified that decedent was working ‘a little over 50 hours a week in September, 1981’ and by the pay stubs issued to decedent by Philadelphia Gear Corporation.

Claimant, widow, testified to visible changes in decedents appearance and behavior when he began work for Employer, compared with her observations as to his apparent “good frame of mind” and happy attitude in his prior employment. Defendant also exhibited signs of worry and tension which he attributed to job stress and harassment by his supervisor who worked for Employer. The referee specifically accepted the testimony of Claimant as “truthful, credible and persuasive.” Finding of Fact No. 15. Susan Hartman, daughter of decedent, lived with him until shortly before he died and testified as to decedents constant concern “about being laid off at Philadelphia Gear Corporation and was pressured about the overtime the decedent had been working at Philadelphia Gear Corporation.” Finding of Fact No. [65]*6517. Her testimony was also found by the referee to be “truthful, credible and persuasive.” Finding of Fact No. 18.

The referee also made the following finding:

24. Alvin Sofie, M.D., testified on behalf of the Claimant after reviewing all of the then available medical records and testimony, including all records maintained by Philadelphia Gear Corporation on the decedent.

The referee made a finding illustrating the outstanding qualifications of Dr. Sofie. Finding of Fact No. 25. He specifically rejected the medical testimony offered by Employer and the testimony of decedents supervisor, Ray Nall.

On the question of causal relationship, the referee found:

26. Dr. Sofie testified that it was in his unequivocal opinion that the myocardial infarction suffered by the decedent arose in the course of his employment at Philadelphia Gear Corporation and was causally related to his employment, and ‘that the continuous stress caused by the management of Philadelphia Gear Corporation, with knowledge of Edward Tells medical condition, was the cause of the myocardial infarction which occurred while he was at work.’
27. The Referee finds that the testimony, reasoning and expertise of Alvin Sofie, M.D. were most credible and persuasive, and adopts the opinion of Dr. Sofie as to causation.
35. The Referee finds that the decedent’s fatal heart attack was precipitated by occupational stress which occurred while in the course of his employment for the Defendant, Philadelphia Gear Corporation.

[66]*66The referees Conclusions of Law include his conclusion that “the fatal coronary of the Claimants decedent was precipitated by occupational stress incurred in and during the course of his employment . . . ,” and that Claimants cardiologist had “established, by unequivocal and substantial competent evidence, that there was a direct causal relationship between the anxiety and stress of the decedents employment and the fatal coronary he sustained at his place of employment on October 2, 1981.” Conclusions of Law Nos. 3-4.

On this appeal, Employers principal contentions are (1) that the referees findings supporting the award are based upon hearsay testimony, (2) that the causal relationship found by the referee is predicated upon medical testimony in response to an objectionable hypothetical question, in that the hypothetical question included certain hearsay testimony, and (3) the type of stress which caused the decedents fatal heart attack is not compensable.

These questions were dealt with by the Board in its opinion as follows:

The issue raised on appeal by the Defendant is that the opinion of Claimants expert, Dr. Alvin Soffe, was based on uncorroborated hearsay testimony. The decedents wife and daughter testified that the decedent was upset by overtime, harassment by his supervisor, denial of a pay raise, and imminent lay-offs. They also described decedents sleeping and eating habits as changing as well as his personality. Company records showed that the decedent worked ten (10) hours overtime per week (his shift was a 10-hour shift) and that he was denied a pay raise.
We consider the witnesses’ descriptions of decedent’s change of habits and company records to sufficiently corroborate their hearsay testimony. .. .
[67]*67The Defendant also argues that decedents subjective reaction to stress is not compensable, citing Kitchen v. Workmen's Compensation Appeal Board, 458 A.2d 631 and Hirschberg v. Workmen's Compensation Appeal Board, 474 A.2d 82. Both cases dealt with psychiatric injuries and are distinguishable on those grounds.
We know of no cases extending that standard to heart attack cases.
We agree with the Board and will affirm.

As to Employers hearsay contentions, we first note the similarity of this case with one cited by the Board, North Schuylkill School District v. Workmen’s Compensation Appeal Board (Bobiak), 83 Pa. Commonwealth Ct. 506, 477 A.2d 910 (1984), where it was held that corroborated hearsay was competent evidence. Furthermore, much of the hearsay contained and forming the basis for the opinion of Dr. Soffe was simply not objected to in a manner that would exclude it from consideration. It must be remembered that Section 422 of The Pennsylvania Workmen's Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §834 specifically provides as follows:

Neither the board nor any of its members nor any referee shall be bound by the common law or statutory rules of evidence in conducting any hearing or investigation, but all findings of fact shall be based upon sufficient competent evidence to justify same.

In Borough of Morrisville v. Workmen's Compensation Appeal Board (Grant), 54 Pa. Commonwealth Ct. 41, 419 A.2d 813

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542 A.2d 646, 117 Pa. Commw. 63, 1988 Pa. Commw. LEXIS 512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/philadelphia-gear-corp-v-workmens-compensation-appeal-board-pacommwct-1988.